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(영문) 광주지방법원 2016.07.12 2015노3389
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (two years of suspended execution, two years of suspended execution, and order to observe protection) is unfair because it is too uneasible and unfair (the prosecutor stated his opinion that the Defendant shall be punished by imprisonment with prison labor for one year). 2. Although the Defendant was previously punished seven times, the Defendant did not receive a fine and a suspended execution exceeding the fine, and the Defendant’s same power is considerably related to the instant case.

It is difficult to see it.

In addition, considering all of the sentencing conditions in the instant case, including the fact that the Defendant suffers from brain and heart color recently, it cannot be deemed that the sentence imposed by the lower court is too uneasy and unfair, in light of the following factors: the Defendant’s age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.

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